The gun show "loophole" allows many criminals and terrorists to purchase guns.  

There is no gun show "loophole." Since 1938, any person "engaged in the business of selling firearms" must register with the federal government. In 1968 all such persons were required to obtain a federal firearms license. Since 1998, dealers have been required to submit all prospective gun buyers to a National Instant Check System (NICS) background check conducted by the FBI or a state agency. This requirement applies at gun shows and all other locations, all of the time.

A person who is not engaged in the business of selling firearms, but who occasionally sells firearms under limited circumstances including "for the enhancement of a personal collection," is not required to obtain the federal license required of gun dealers, or to complete a background check. In 2001, legislation was introduced in Congress to extend the NICS requirement to non-dealer sales of firearms at gun shows. That legislation was defeated, however, because Members of Congress who support the anti-gun lobby's agenda would only accept a much more restrictive bill.

The gun show legislation they support instead is less about gun shows than it is about much more invasive aspects of the anti-gun lobby's agenda. It would effectively require gun show attendees to register themselves on ledgers that would be provided to the BATF. It would impose massive red tape requirements on gun show operators and would grant the federal government unqualified access to records they would be required to maintain. Thus, a gun show operator (who doesn't sell guns) would be granted far less protection than a federally-licensed firearms dealer. The gun show operator would be subject to limitless BATF inspections, whereas the licensed dealer may only be inspected once a year (plus inspections related to actual criminal investigations). Because of abusive and repeated BATF inspections, Congress created the limit on dealer inspections in the Firearms Owners Protection Act. Anti-gunners also have attempted to define "gun shows" so broadly as to include sales of firearms that occur in people's homes, even between friends and family members.

Under current federal law, engaging in the business of selling guns without a license is a federal felony. A tour of any gun show reveals that the overwhelming majority of guns offered for sale are from federally licensed dealers. Guns sold by private individuals (such as a gun collector selling or trading a gun or two over the weekend) are the distinct minority. If someone claiming to be a gun collector is actually operating a firearms business and does not have an FFL, he is guilty of a federal felony--with every separate gun sale constituting a separate crime.

Gun control advocates allege gun shows are a major source of guns used in crimes despite the fact that multiple government studies prove they are not. A Bureau of Justice Statistics report indicates that less than 1% of criminals obtain guns from gun shows.1 This study was based on interviews with 18,000 prison inmates and is the largest such study ever conducted by the federal government. It is also entirely consistent with previous federal studies, such as another BJS study which found only 1.7% of federal prison inmates obtained their guns from gun shows. 2 Similarly, a National Institute of Justice (NIJ) study reported less than 2% of criminals' guns came from gun shows.3

Thousands of gun shows each year are frequented by millions of law-abiding citizens, collectors, hobbyists, hunters, target shooters, law enforcement officers and memorabilia shoppers. Gun shows are an important First Amendment forum for exchanging ideas on Second Amendment rights and for discussing common interests.

The anti-gun group that styles itself Americans for Gun Safety (AGS) misuses BATF tracing reports to attack gun shows. AGS corrupts BATF tracing reports to claim that states without special restrictions on gun shows are "flooding" other states with crime guns. BATF tracing figures, in actuality, tell nothing about gun shows. In addition, the interstate trafficking of guns is already illegal.

In a shameful attempt to capitalize on the fear evoked by the events of September 11, 2002, AGS reports that terrorists obtained guns via a "gun show loophole." What AGS does not report is that in all cases cited, the laws already on the books worked and the criminals were caught, convicted and sent to prison.

The campaign against gun shows by anti-gun groups makes little sense from a crime control viewpoint. It is aimed at the rights of free-speech and assembly of Second Amendment advocates and would effectively violate the rights of law-abiding citizens. The use of the "terror card" by anti-gun activists is a blatant attempt to manipulate the American people and their emotions in the wake of the terrorist attacks. Proposed legislation to close a fabricated "loophole" in the law is merely a fear-based guise to end gun shows as a step toward banning all private gun transfers.

1. Bureau of Justice Statistics, "Firearms Use by Offenders," Nov. 2001.
2. Bureau of Justice Statistics, "Federal Firearms Offenders, 1992-1998," June 2000.
3. National Institute of Justice, "Homicide in Eight U.S. Cities," Dec. 1997.

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